Judge: Michael Shultz, Case: 22CMCV00137, Date: 2022-10-28 Tentative Ruling

Case Number: 22CMCV00137    Hearing Date: October 28, 2022    Dept: A

[TENTATIVE] ORDER GRANTING COUNSEL’S TWO MOTIONS TO BE RELIEVED AS COUNSEL FOR PLAINTIFFS, CRESCENCIANO VELASCO AND MARTINEZ DE JESUS VELASCO LUNA

Plaintiffs filed this action alleging that Defendants failed to remedy substandard living conditions at Plaintiffs’ rental dwelling unit owned by Defendants. Plaintiffs allege four related claims arising from the breach of the warranty of habitability.

Plaintiffs’ counsel, Jacob Partiyeli, Esq., filed these motions on May 25, 2022 and gave notice to both Plaintiffs. Counsel requests an order to be relieved as counsel. Counsel served notice on Plaintiffs of the continued hearing date.

An attorney in an action may be changed at any time with consent of both client and attorney or by order of the court, “upon the application of either client or attorney, after notice from one to the other.” Code Civ. Proc., § 284. The court has considered the declaration of Plaintiffs’ counsel who attests that he has irreconcilable differences with the clients.  

Both Plaintiffs have been served by mail at addresses confirmed within the last 30 days before the motion was filed.  Counsel has complied with the requirements of California Rules of Court, Rule 3.1362 and has submitted proposed orders. Accordingly, the motions are GRANTED. The proposed orders shall reflect that counsel is relieved effective upon the filing of the proof of service of this signed order upon each client. Prop. Ord. ¶ 5.a.